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1
Bankruptcy / £38k debt
« Last post by Tattooedk on Jul 12, 2018, 01:09:10 AM »
Hi, I am looking for general advice on bankruptcy.


My current situation is that my wife & I separated about 6 weeks ago.  I am living at my brothers place for a while I work on a more permanent living arrangement.  I have approx £38,000 of debt between credit cards & loans etc which I am looking to declare bankrupt.   I do not own my home, my wife was the only one on the tenancy, I have no savings & am paying about £1,100 a month on my debts, £400 a month rent plus travel & living expenses & I also help my wife with a few of her bills because I was the main bread winner in the family.  I only earn about £1950 per month take home.  I don't really understand how the bankruptcy works when they decide how much I pay back? how is this calculated & on average in the UK; how long is it before you are discharged?


Because my living arrangements are temporary at the moment, none of my addresses have been changed yet.  Would I have to change my address to where I am living before filing for bankruptcy?


Thank you in anticipation of your help


Kev
2
Well folks................I managed to get my 1st Appeal delayed by an extra month. However, it went ahead eventually. I didn't bother going because I knew it was a waste of time. Fortunately I dragged it out so long that I was back in work the week before they booted me off it. Overall from the date of the WCA I managed to squeeeze another 4 months out of them, enough time for me to get things going again.


I assume as 44,000 people have now viewed this thread the DWP are now receiving a large volume of appeals.

Keep it up everyone, the system is rotten to the core so fight it !!
3
Bankruptcy / how quickly are bank accounts frozen?
« Last post by essexman1966 on May 25, 2018, 05:37:43 PM »

Hi


I have a very specific question concerning bankruptcy. How quickly do the banks move to freeze an account?


Here is my situation. I think that I was declared bankrupt today as a result of a petition by HMRC. (I was unable to attend the hearing as I am abroad on work, and I did ask the court for an adjournment by letter for this reason, but let's assume the adjournment wasn't granted.)


I assume that because Monday is a bank holiday I won't appear in the insolvency register until Tuesday at the earliest.


I should get paid by my employer next Wednesday (by Faster Payments, not BACS).


I have two accounts: a NatWest Select Silver, and a Cashplus prepaid debit card. I don't have any borrowing, or a chequebook, on either. There's not much in either of them.


Currently my salary goes into the NatWest account but it would be easy enough to change that before my payday.


Ideally, what I need to be able to do is to get some cash and pay urgent bills (rent etc.) as soon as I am paid - then that gives me several weeks before the next payday to sort out a new basic bank account if I need to, and obviously I will have spoken to the Official Receiver by then anyway.


So, is it likely my NatWest account could be frozen as early as the Wednesday?`


Would Cashplus be likely to freeze it at all?


If I called the NatWest insolvency team on Tuesday (I have the direct number) would this help avert the problem, or would it just alert them to the bankruptcy and make them more likely to freeze it?


Obviously, the timing and being away from home just make things more complicated, but there's no avoiding that.


Any advice much appreciated!


Thank you


Dan
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Bankruptcy / IVA to possible Bankruptcy
« Last post by [email protected] on May 14, 2018, 10:01:19 AM »
Hi,


I'm currently in an IVA. I'm just about able to afford my payments. I own 45% of a house, mortgaged. I am in full time employment and earn a decent salary. I live with my ex-wife, who contributes nothing to the IVA and minimally to the house, she pays the gas, water and elec.

Last year, I was involved in a car accident. long story short, i took out my insurance but put my ex-wifes name on it. they've finally sent me the bill, and its large (£10k)

I've approached my creditors to sell the house, initially my offer was turned down. I increased it a little bit and they tentatively  agreed to it. they want to see how much i'll get for it and then make their final decision.

With the accident i need to pay back, i won't be able to afford my iva payments. well, i could, and i'm going to try, but it's going to be an absolute ridiculous amount i'll be paying towards huge debt.

What i'm trying to determine, is whether, if i file for bankruptcy:
                 1: will i definitely lose my house?
                 2: is there any way i can keep it, other than the iva?
                 3: how long does this normally take?
                 4: if i file for bankruptcy, will that cover the accident? can that be added to the bankruptcy? or will i still need to pay that?
             
I'll try to meet my payments, or sell the house. i'm trying to be responsible and pay my debt. but sometimes, things just don't work out they way you plan.


any ideas or info will be most appreciated.



5
I note that this thread is close to hitting 16,000 views now. That just shows the extent of the problems this horrible procedure brought in by this cretinous Government has caused for thousands of people. I hope as many of you as possible are appealing now. It may look like a nightmare, but just follow what I've advised in here step by step to defeat this despicable process.






Please note: my comments are based only on my own experiences of debt and the benefits system, it is always best to contact a professional debt adviser/Citizen's Advice etc for advice.
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Here's an update regarding Appeal waiting times for the Glasgow Tribunal Service. My Appeal date was set for 10 weeks after it was received by them. I expected it to be at least a month or 2 more than this. Clearly the number of appeals they are receiving has gone down significantly since the Mandatory Reconsideration was introduced, which of course was why it was introduced. Previously you could appeal as soon as a WCA deemed you fit for work. What's happening now of course is after the WCA, many people do not know how to go through this Mandatory Reconsideration process and I'm sure a large number of people just give up and don't bother appealing at all. Once again, that's exactly what the Govt hoped would happen. If an appeal can be arranged in a city the size of Glasgow within 10 weeks it clearly shows not enough people are appealing.
 
I was booted off ESA by a comedian who sat typing continuously at speed into a laptop, asking me questions while he did it but hardly lifting his eyes to look at me. The speed he went through it at also made it obvious he was on commission, based on how many people he could boot off ESA in a day. However, as described above, I went through the Mandatory Reconsideration process and my ESA was re-instated pending an appeal date. If you are in the same situation I was after a WCA, just follow exactly what I have advised to do in this thread and your ESA will be re-instated.


As over 12,000 people have now read this thread, I hope a huge number of you are appealing against this discriminatory disgraceful system.
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My lay understanding of a debt being statute barred after 6 years is if the creditor does not pursue the debt for 6 years it becomes statute barred.


IN this case it sounds as if the new assigned creditor wrote to you in 2014 (and more recently) demanding payment so the 6 years starts again.


You should really seek legal advice.


Do you dispute the debt they are pursuing?
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Dealing with Debt / Statute Barred Credit Card Debt - need some help please!
« Last post by Darcy707 on Mar 08, 2018, 05:12:25 PM »
Hello,  I am new to this site and need help on the following – I know it is not legal advice just educated opinions, but any  help would be great:
It refers to a disputed credit card debt that was defaulted back in January 2012 (over 6 years ago).  In September 2014 the debt was sold on to a debt collection company.  I wrote to the debt collection company back then which included the following paragraph:
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.
I have continuously asked for proof of debt between then and now.  They have sent me information,  but has does not included all of the information I have asked for.
They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) in italics above is acknowledgement of debt.  They have basically said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay.  This is not what I wrote means and I think they are trying to mislead me.  I basically meant that if they provide sufficient evidence – but what they have provided is insufficient in my view and this has never be put before a judge to decide.
Are they right or is this now statute barred?  I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated.  As I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.
Thank you
9
Dealing with Debt / Re: IVA good idea?
« Last post by Scrooge on Mar 02, 2018, 12:31:58 AM »
If you have a lot of equity in your house the creditors may not accept an IVA although there's no harm in trying. Bear in mind creditors could apply for Charging Orders on your property if you are not in an IVA which would secure the debt against your house. Those are to be avoided at all costs as they can be enforced legally.
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A further update in relation to the above. I followed the process the way I've described. The Mandatory Reconsideration Decision took about 3 weeks and of course it stated that the original decision stands, what a shock that was ;D . Totally predictable. I submitted an Appeal to the Tribunal Service the same day by recorded delivery. A letter came back from them within a week acknowledging the Appeal request. I then sent a copy of that to the DWP requesting my ESA be re-instated immediately including any arrears due, pending Appeal. The DWP then re-instated my ESA at Assessment Rate within a week or so which will stay in place until the Appeal takes place. Remember, when they boot you off ESA after the Work Capabiity Assessment try and avoid claiming Universal Credit because if you do, you cannot get back on ESA.


So to summarise......how to beat the despicable DWP tactics:


1. Throughout all of this you must continue sending continuous GP lines to DWP ESA, even when you are booted off ESA and even if you are claiming contribution based Jobseeker's Allowance. Do not stop submitting GP lines after your WCA says you are fit for work!


2. As soon as you are informed you have been found fit to work after a WCA, request a Mandatory Reconsideration of Decision by recorded delivery mail and keep a copy of the letter.

3. When that comes back saying the original decision stands (which it almost certainly will), send an Appeal to the Tribunal Service by recorded delivery mail and keep a copy of the letter.


4. When the Tribunal service acknowledge your Appeal request, send a copy to the DWP with a letter by recorded delivery mail, requesting your ESA be re-instated immediately along with any arrears due pending Appeal.


5. Wait a few days then if DWP have not contacted you or re-instated your ESA, phone them to give them the polite hurry-up. ;D


As over 5000 people have read this thread already it's clearly a major issue for thousands of people, so follow what I have described carefully and your ESA will be re-instated until your Tribunal Appeal. The real reason Mandatory Reconsiderations were introduced by this rotten Government, was to get people off ESA and hope they either wouldn't know they could Appeal or how and when to do it, so use this thread to defeat their despicable underhand tactics.


I'll be happy to answer any questions here or in a private message.




Please note: my comments are based only on my own experiences of debt and the benefits system, it is always best to contact a professional debt adviser/Citizen's Advice etc for advice.


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